First lawsuit filed over Washington's millionaires tax

Conservative PAC claims state misinterpreted constitution to block voter referendum on new income tax

Apr. 4, 2026 at 1:22am

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A dimly lit, cinematic painting of an empty government office or legislative chamber, with warm sunlight streaming through the windows and deep shadows cast across the desks and chairs, creating a sense of solitude and contemplation.As a legal battle over Washington's new millionaires tax unfolds, the state's political landscape remains shrouded in uncertainty.Seattle Today

A prominent conservative group, Let's Go Washington, has filed a lawsuit against the state of Washington after its referendum to repeal the new 'millionaires tax' was rejected. The group claims the state misinterpreted the state constitution to block the voter challenge using a 'necessity clause' that shields the law from referendum. While the legal battle continues, the 9.9% tax on income over $1 million is set to take effect in 2028, with supporters arguing it will fund free school meals and childcare.

Why it matters

This lawsuit represents the first major legal challenge to Washington's new millionaires tax, which has sparked controversy over the state's use of a 'necessity clause' to prevent a voter referendum. The outcome could set an important precedent for how direct democracy initiatives are handled, especially when lawmakers claim new taxes are 'necessary' for the public good.

The details

Let's Go Washington (LGW), a conservative political action committee, filed the lawsuit against Secretary of State Steve Hobbs after the state rejected their referendum to repeal the millionaires tax. LGW claims the state cited the state constitution but made changes to the language to justify blocking the referendum using a 'necessity clause' included in the tax bill. Democrats behind the tax say the clause shields it from a voter challenge, while LGW argues the state misinterpreted the constitution.

  • The millionaires tax is set to take effect in 2028.
  • LGW filed the lawsuit against the state on Friday, April 4, 2026.

The players

Let's Go Washington (LGW)

A conservative political action committee that filed the lawsuit against the state over the millionaires tax referendum.

Steve Hobbs

The Secretary of State of Washington who rejected LGW's referendum filing.

Brian Heywood

The founder of Let's Go Washington, a multi-millionaire who has funded initiatives to overturn laws passed by the legislature.

Jamie Pedersen

A Democratic state senator who played a key role in passing the millionaires tax.

April Berg

A Democratic state representative who helped pass the millionaires tax.

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What they’re saying

“If simply declaring something 'necessary' is enough to block a referendum, then there are effectively no limits.”

— Brian Heywood, Founder, Let's Go Washington

“Our original letter was correct and based on decades of the Washington State Supreme Court's interpretation of the Washington State Constitution. The court has consistently held that the 'immediate preservation of the public peace, health, and safety' clause and the 'support of state government and its existing public institutions' clause are independent.”

— Helen Smith, Office of the Secretary of State

“With this bill, we're going to begin to right a historic wrong that has plagued our state for nearly 100 years, and made our tax system one of the worst and most regressive in the entire country.”

— Jamie Pedersen, State Senator

What’s next

LGW's lawsuit is a plea to the state Supreme Court to take up the issue. While the legal fight simmers, the group will also pursue the initiative process to try to get the millionaires tax overturned on the ballot.

The takeaway

This lawsuit highlights the ongoing debate over direct democracy and the limits of voter referendums, especially when lawmakers claim new taxes are 'necessary' for the public good. The outcome could set an important precedent for how such challenges are handled in the future.